Dosh dilemma – John’s terrible takeaway

John reached out to us this week, clearly frustrated with his Friday night takeaway experience.  

After a long week, he decided to take a break from cooking and treat his family to a Chinese takeaway. Nothing fancy, just a local restaurant that had been running for over a year, so he assumed must be half decent.  

He ordered eight dishes and was promised delivery within 40 minutes. An hour later and still no food. Getting ‘hangry,’ he called the restaurant, which assured him it was on its way.  

But when the food finally arrived, that’s when disaster really struck.   

The dishes looked like they had been sitting around for ages, with condensation on the container lids. The food was dry, with more bone than meat, and to really rub salt in the wound, John’s 7-year-old daughter’s beloved crispy duck and pancakes were nowhere to be found. 

Refusing to accept such a sub-standard meal, John rang the takeaway several times but to no avail. He believes they saw his number appear and deliberately didn’t pick up.   

By the time he had given up and cooked something himself, John was more stressed and exhausted than ever.  

So, he asked us - is there anything he can do? Because it’s about principle, not just the money. 

Well John, under consumer law, if something goes wrong with your takeaway, you have rights to a refund.  

Here’s how to make sure you don’t just accept that sorry excuse for a meal.  

Complain to the restaurant and delivery app 

In John’s case, the food was late, cold, dry and missing items, but whatever the issue, get in touch with the restaurant and the delivery app if you used one. Some delivery services give you a 24-hour window to complain, so don’t delay.  

Gather evidence 

It’s a good idea to gather evidence that could help your case. Take photos of missing dishes and anything else that proves the meal was a letdown. Note the time you ordered, when the food arrived and keep track of any communications with the restaurant or delivery service.  

Know your rights  

Under the consumer rights act (CRA), your food should be: 

• fit for purpose 

• as described 

• of satisfactory quality 

• delivered with skill and care  

Like in John’s case, if the food doesn’t meet these criteria, you can legally ask for a refund. If you're dealing with an app, check the terms and conditions to work out who's at fault and try complaining again, this time bringing up your rights under the CRA.  

Contact your bank  

Still no luck? It’s time to contact your bank. If you paid with a debit card, you can request a chargeback. This allows your bank to reverse the transaction if the service was not up to standard.  

If you spent over £100 (which may not be the case here), you can file a Section 75 claim with your credit card company. They’re on the hook too for any contractual mishaps or misrepresentation with a retailer or trader.  

How to avoid future takeaway tragedies    

John learned the hard way, but you don’t have to. Here’s how to dodge a takeaway disaster in the future:  

• Stick with what you know - if it’s a restaurant you’ve ordered from before and was happy with, go with that.  

• Research, research, research - if you’re trying a new takeaway, check out the reviews first.  

• Order directly from the restaurant - if possible, order straight from the restaurant instead of a third-party app. That way, if something goes wrong, you’ve got one point of contact to sort it out. 

• Collect it yourself - not as convenient as delivery, but picking up your food means you can check it’s fresh, hot and exactly what you ordered.  

So, John, perhaps our best advice is to never use that takeaway again and if you do, make sure you’ve got the consumer rights act ready in your back pocket.